Stephen Homer
Partner
T: +44 (0)1392 33 3883
F: +44 (0)1392 33 6883
s.homer@ashfords.co.uk
After qualifying in 1988, Stephen joined Ashfords in 1993 and was made partner in 2001.
Recent experience includes:
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advising Contractor on the M & E Contract for a project in relation to the Said Business School, Oxford;
- recovering £500,000.00 at mediation for a developer in a complex professional negligence action against a project manager arising from misleading budget estimates as to the cost of the project and in respect of negligent design;
- acting for a main contractor on an extension of time Adjudication. Ashfords were instructed to commence an Adjudication at short notice claiming an extension of time based on a number of relevant events under a JCT Standard Form of Building Contract with Contractor's Designed Portion Supplement and Sectional Completion Supplement. This was a complex claim involving a detailed analysis of the various facets of the Project and arguments about the impact of the Contractor's float contained within its Programme. This was a claim for an extension of time of 112 days;
- acting for the South West Regional Development Agency in relation to the £44 million Building Contract for the development of St Austell Town Centre together with associated documentation. This involved negotiating the construction provisions in a Joint Venture Agreement between SWRDA and the Developer, David McLean Developments Limited, dealing with all Collateral Warranties, Novation Agreement and Side Letter and negotiating the terms of the Building Contract on behalf of SWRDA as Funder to the Development. In particular the Building Contract had to be finalised within a short time scale to achieve start on site in accordance with the Programme;
- acting for a national contractor in relation to its five year Framework Agreement with Merlin Housing Society in Gloucester in relation to its Decent Homes Investment Programme. Ashfords were instructed to advise on the Framework Agreement and Project Partnering Agreement which were based on PPC 2000 but which were heavily amended in terms of liability placed on the Contractor together with complex TUPE provisions which necessitated involvement from Ashfords' Employment Department. This is a significant Contract running over five years; and
- acting for a national contractor preparing its standard Sub-Contract documentation for use nationally with the JCT 2005 suite of Building Contracts. This involved a review of the entire suite of JCT 2005 Sub-Contracts and preparation of a detailed set of amendments for each Sub-Contract to dovetail with the client's existing Standard Sub-Contract Amendments. A bespoke set of Sub-Contract documentation was prepared and implemented nationally.
Stephen is an accredited Adjudicator on the RIBA and CIOB Panels. He is a Fellow of the Chartered Institute of Arbitrators, and a committee member of the Adjudication Society South West Branch. He is also joint Chairman of Constructing Excellence Devon and Exeter, a Fellow of the Faculty of Building and a Member of the Association of Partnering Advisers.
